Subpart 1.
When board prepares.
When the local unit of government or the regional development
commission fails to prepare plans and regulations that are acceptable to the
board within one year of the order of designation, the board shall then prepare
the plans and regulations within 90 days.
Subp. 2.
Public hearings.
When the board has prepared the plans and regulations, it
shall hold a public hearing pursuant to Minnesota Statutes, chapter 14, in each
county directly affected by the plans and regulations. The procedures to be
followed are:
A. Legal notice of at
least 30 days shall be given to the following:
(1) the regional development commissions and
local units of government with jurisdiction over the critical area;
(2) the appropriate state agencies;
(3) persons who have filed with the secretary
of state pursuant to Minnesota Statutes, chapter 14, to receive notice of
public hearings;
(4) requesting
persons; and
(5) each person owning
real property within the area that would be directly affected by the proposed
plans and regulations and within 350 feet of the area when the area directly
affected is five acres or less.
B. One legal notice of the proposed plans and
regulations shall be placed in the official newspaper of each county in the
area directly affected by the recommended area at least two weeks prior to the
date of the public hearing.
C. The
board may mail notice of the proposed plans and regulations to all persons
owning real property within the boundaries of the area that is within the
jurisdiction of the local unit of government for which the plans and
regulations are being proposed.
D.
The legal notice shall include the time, location, and purpose of the hearing,
and a summary of proposed plans and regulations.
E. At the public hearing, the board shall
receive all testimony and exhibits relative to the plans and regulations. An
official record of the hearing shall be prepared. When a transcript is
requested, the board may require the party requesting to pay the reasonable
costs of preparing the transcript.
F. After the public hearing on the plans and
regulations, the board shall examine the record and prepare findings of
fact.
G. Within 60 days of the
hearing, the board shall adopt the plans and regulations for the local unit of
government's portion of the critical area. Plans and regulations that have been
adopted by the board shall apply and have the effect of adoption by the local
unit of government.
Subp.
3.
Superseding local plans.
At any time after the preparation and adoption of plans and
regulations by the board, a local unit of government may prepare plans and
regulations according to procedures prescribed in these rules. When the plans
and regulations are approved by the board, they shall supersede the plans and
regulations adopted by the board.
